CLAIMS Claim 1 (Amended)
AJI image processing apparatus comprising:
an information acquisition section that acquires setting information to set a motion vector to a second prediction unit in a second layer corresponding to a first prediction unit in a first layer of a scalable-video-decoded image containing the first layer and the second layer, which is higher than the first layer, the setting information being related to a motion vector set to the fust prediction unit; and
a motion vector setting section that sets the motion vector to the second prediction unit using the setting information acquired by the information acquisition . section,
wherein the setting information includes predictor information showing a predictor used for predicting the motion vector of the first prediction unit, and
wherein the motion vector setting section predicts the motion vector set to the second prediction unit using the predictor shown by the predictor information.
ClaimS. (Amended)
An image processing apparatus comprising:
an information acquisition section that acquires setting information to set a motion vector to a.second prediction unit in a second layer corresponding to a first prediction unit in a first layer of a scalable-video-decoded image containing the first layer and the second layer, which is higher than the first layer, the setting information being related to a motion vector set to the first prediction unit; and
a motion vector setting section that sets the motion vector to the second prediction unit using the setting information acquired by the information acquisition section,,
wherein the setting information includes predictor information showing a predictor used for predicting the motion vector of the second prediction unit, and
wherein the predictor is selected from a plurality of predictor candidates

including the predictor candidate based on the motion vector set to the first prediction unit.
Claim A 5 - 9
The image processing apparatus according to claim ^ wherein a smallest code number is allocated to, among a plurality of the predictor candidates, the predictor candidate based on the motion vector set to the first prediction unit.
Claim ^-(Amended)
The image processing apparatus according to claim 1,
wherein the information acquisition section further acquires differential motion vector information showing a difference between the motion vector set to the second prediction unit and a predicted motion vector, and
wherein the motion vector setting section sets, to the second prediction unit, the motion vector generated by adding the difference shown by the differential motion vector information to the predicted motion vector predicted by using the predictor.
ClaimjS-^ '
An image processing apparatus comprising:
an information acquisition section that acquires setting information to set a motion vector to a second prediction unit in a second layer corresponding to a first prediction unit in a first layer of a scalable-video-decoded image containing the first layer and the second layer, which is higher than the first layer, the setting information being related to a motion vector set to the first prediction unit; and
a motion vector setting section that sets the motion vector to the second prediction unit using the setting information acquired by the information acquisition section,
wherein the setting information includes merge ■ information showing whether the motion vector common to the first prediction unit and a prediction unit adjacent to the first prediction unit is set, and

wherein the motion vector setting section sets the motion vector common to the second prediction unit and a prediction unit adjacent to the second prediction unit according to the merge information.
Claim >6'
The image processing apparatus according to claim 31 wherein the motion vector setting section enlarges the motion vector set to the first prediction unit in accordance with a ratio of spatial resolutions between the first layer and the second layer and then performs a motion vector setting process for the second prediction unit.
Claim ^^
The image processing apparatus according to claim iif wherein when the motion vector set to the first prediction unit is enlarged, the motion vector setting section rounds off the enlarged motion vector in accordance with accuracy of the motion vector.
Claim yd$> •
The image processing apparatus according to claim 1, wherein the first layer , and the second layer are layers having mutually different spatial resolutions.
Claim Yr%
The image processing apparatus according to claim 1, wherein the first layer and the second layer are layers having mutually different noise ratios.
' Claim j>\o *
The image processing apparatus according to claim 1, wherein the first prediction unit is a prediction unit in the first layer having a pixel corresponding to a pixel in a predetermined position in the second prediction unit.

Claim 1>\ V
The image processing apparatus according to claim 1, wherein the first prediction unit is, among prediction units in the first layer overlapping with the second prediction unit, the prediction unit having a largest overlap.
a-
Claim ^(Amended)
An image processing method comprising:
acquiring setting information to set a motion vector to a second prediction unit in a second layer corresponding to a first prediction unit in a first layer of a scalable-video-decoded image containing the fust layer and the second layer, which is higher than the first layer, the setting information being related to a motion vector set to the first prediction unit; and
including, in the setting information, predictor information showing a predictor used for predicting the motion vector of the first prediction unit, and
setting the motion vector to the second prediction unit by predicting the motion vector set to the second prediction unit using the predictor shown by the predictor information included in the acquired setting information.
V^-Claim JJ>(Amended)
An image processing apparatus comprising:
an information generation section that generates setting information to set a motion vector to a second prediction unit in a second layer corresponding to a first ■ prediction unit in a first layer of a scalable-video-decoded image containing the first layer and the second layer, which is higher than the first layer, the setting information being related to a motion vector set to the fust prediction unit; and
an encoding section that encodes the setting information generated by the information generation section,
wherein the setting information includes predictor information showing a ' predictor used for predicting the motion vector of the first prediction unit, and
wherein the motion vector set to the second prediction unit is predicted using the predictor shown by the predictor information.

Clahn li>--( Am ended)
An image processing method comprising:
' generating setting information to set a motion vector to a second prediction unit in a second layer corresponding to a first prediction unit in a first layer of ;i scalable-video-decoded image containing the first layer and the second layer, which is higher than, the first layer, the setting information being related to a motion vector set to the first prediction unit;
including, in the setting information, predictor information showing ;i predictor vfsed for predicting the motion vector of the fust prediction unit;
encoding the generated setting information; and ' '
predicting the motion vector set to the second prediction unit usin.c, the predictor shown by the predictor information.